134 STAT. 624 PUBLIC LAW 116–139—APR. 24, 2020
public health, and hospital laboratories, to conduct surveillance
and contact tracing, support development of COVID–19 testing
plans, and other related activities related to COVID–19 testing:
Provided, That of the amount appropriated under this paragraph
in this Act, not less than $11,000,000,000 shall be for States,
localities, territories, tribes, tribal organizations, urban Indian
health organizations, or health service providers to tribes for nec-
essary expenses to develop, purchase, administer, process, and ana-
lyze COVID–19 tests, including support for workforce, epidemiology,
use by employers or in other settings, scale up of testing by public
health, academic, commercial, and hospital laboratories, and
community-based testing sites, health care facilities, and other enti-
ties engaged in COVID–19 testing, conduct surveillance, trace con-
tacts, and other related activities related to COVID–19 testing:
Provided further, That of the amount identified in the preceding
proviso, not less than $2,000,000,000 shall be allocated to States,
localities, and territories according to the formula that applied
to the Public Health Emergency Preparedness cooperative agree-
ment in fiscal year 2019, not less than $4,250,000,000 shall be
allocated to States, localities, and territories according to a formula
methodology that is based on relative number of cases of COVID–
19, and not less than $750,000,000 shall be allocated in coordination
with the Director of the Indian Health Service, to tribes, tribal
organizations, urban Indian health organizations, or health service
providers to tribes: Provided further, That the Secretary of Health
and Human Services (referred to in this paragraph as the ‘‘Sec-
retary’’) may satisfy the funding thresholds outlined in the first
and second provisos under this paragraph in this Act by making
awards through other grant or cooperative agreement mechanisms:
Provided further, That not later than 30 days after the date of
enactment of this Act, the Governor or designee of each State,
locality, territory, tribe, or tribal organization receiving funds pursu-
ant to this Act shall submit to the Secretary its plan for COVID–
19 testing, including goals for the remainder of calendar year 2020,
to include: (1) the number of tests needed, month-by-month, to
include diagnostic, serological, and other tests, as appropriate; (2)
month-by-month estimates of laboratory and testing capacity,
including related to workforce, equipment and supplies, and avail-
able tests; and (3) a description of how the State, locality, territory,
tribe, or tribal organization will use its resources for testing,
including as it relates to easing any COVID–19 community mitiga-
tion policies: Provided further, That the Secretary shall submit
such formula methodology identified in the first proviso under this
paragraph in this Act to the Committees on Appropriations of
the House of Representatives and the Senate one day prior to
awarding such funds: Provided further, That such funds identified
in the first and second provisos under this paragraph in this Act
shall be allocated within 30 days of the date of enactment of
this Act: Provided further, That of the amount appropriated under
this paragraph in this Act, not less than $1,000,000,000 shall be
transferred to the ‘‘Centers for Disease Control and Prevention—
CDC-Wide Activities and Program Support’’ for surveillance, epide-
miology, laboratory capacity expansion, contact tracing, public
health data surveillance and analytics infrastructure modernization,
disseminating information about testing, and workforce support
necessary to expand and improve COVID–19 testing: Provided fur-
ther, That of the amount appropriated under this paragraph in
Deadline.
Methodologies.
Estimates.
Deadline.
Testing plan.
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